(6)every person who submits an administrative
revision to either a source registration issued pursuant to 20.11.40 NMAC, Source
Registration, or a permit issued pursuant to 20.11.41 NMAC, Authority to
Construct;

(8)every person who submits a request for a
variance pursuant to 20.11.7 NMAC, Variance
Procedure;

(9)every person who submits a request for a
hearing before the board unless otherwise exempted; and

(10)every
person who submits a request for professional or administrative services or
copies of public records.

B.Exempt:20.11.2 NMAC does not apply to:

(1)sources within Bernalillo county that are
located on Indian lands over which the Albuquerque - Bernalillo county air
quality control board lacks jurisdiction;

(2)requests for rulemaking hearings filed
pursuant to 20.11.82 NMAC; and

(3)requests for hearings regarding decisions
made by the vehicle pollution management program manager or designee concerning
suspension or revocation of air care station certifications or air care
inspector certifications.

C.Variance:Any person may request a timely variance from
the requirements of 20.11.2 NMAC in accordance with20.11.7 NMAC, Variance Procedures, unless prohibited by a federal, state or local
law or regulation.

20.11.2.3STATUTORY AUTHORITY:20.11.2 NMAC is adopted pursuant to the authority provided in the New
Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5 and 74-2-7;
the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance
94-5, Sections 3, 4 and 7; and the Joint Air Quality Control Board Ordinance,
Revised Ordinances of Albuquerque 1994, Section 9-5-1-3, Section 9-5-1-4 and
Section 9-5-1-7.

20.11.2.5EFFECTIVE DATE: July 1, 2001, unless a later date is cited
at the end of a section or paragraph.

[20.11.2.5 NMAC -
Rp, 20 NMAC 11.02.I.5, 7/1/2001]

20.11.2.6OBJECTIVE:To
establish fees sufficient to cover the reasonable costs of implementing and
enforcing the requirements of: the federal Clean Air Act (CAA); the New Mexico
Air Quality Control Act, Chapter 74, Article 2, NMSA 1978; the city of
Albuquerque and Bernalillo county joint air quality control board ordinances;
and the Albuquerque-Bernalillo county air quality control board regulations,
including:

A.reviewing and
acting upon submittals made pursuant to Subsection A of 20.11.2.2 NMAC;

B.implementing and
enforcing the terms and conditions of source registrations or permits, but not
including any court costs or other costs associated with an enforcement action;

20.11.2.7DEFINITIONS:In
addition to the definitions in 20.11.2.7 NMAC, the definitions in 20.11.1 NMAC
apply unless there is a conflict between definitions, in which case the
definition in 20.11.2.7 NMAC shall govern.

A.“Administrative revision” means a revision to either:

(1)a source registration issued pursuant to
20.11.40 NMAC, to incorporate a change in the stationary source
information that does not result in the source being subject to 20.11.41 NMAC;
or

(2)a permit that has been issued pursuant
20.11.41 NMAC in order to:

(a)correct a typographical error not
made by the department;

(b)identify a change in ownership, name,
address or contact information of any person identified in the permit; or

(c)incorporate a change in the permit
to include a source or activity at the facility if the facility is exempted
pursuant 20.11.41 NMAC.

B.“Allowable emission rate” means the fee-pollutant emission rate that
has been established by a permit issued by the department.

C.“Asbestos Unit”or
“AU” is the number derived by dividing the amount of asbestos removed, at
or above the levels specified in 40 CFR 61.145, by the corresponding conversion
factor and unit of measure in square feet, linear feet, or cubic feet
respectively.

D.“Consumer price index all urban consumers”
or “CPI-U” means a measure of the average change over time in the prices
paid by urban consumers for a market basket of consumer goods and services as
reported by the U.S. Department of Labor, Bureau of Labor Statistics.

F.“Efficiency control factor” means a
factor used in conjunction with a fugitive dust source classification to
determine the annual fee per acre to be paid for a programmatic permit issued
pursuant to 20.11.20 NMAC.The four
fugitive dust source classifications pertaining to programmatic permits are “no
impact source”, “low impact source”, “moderate impact source” and “high impact
source”, which are defined in 20.11.2.7 NMAC.

G.“Emissions unit” means any part or activity of a stationary or portable source that
emits or has the potential to emit a fee pollutant.

H.“Fee pollutant” means any regulated air pollutant as defined in 20.11.2.7 NMAC, not
including any Class I or II substance subject to a standard established in
Title VI of the federal Clean Air Act.

J.“High impact source” means a fugitive dust source to which a
control strategy or combination of strategies has been applied, which
strategies, when applied to an entire source or a portion of a source, can
reasonably be expected to reduce fugitive dust leaving the source by
approximately 10 percent compared to the level of fugitive dust leaving the
source that would be expected if no control strategy or strategies were in
place.The department shall determine
the classification of fugitive dust source as a high impact source based on
professional judgment, sound technical information or scientific evidence.The department shall provide a written
explanation of the basis for making the determination of the classification if
requested by the programmatic permit applicant.The purpose of classifying a fugitive dust source as a high impact
source is to calculate the fees for a programmatic permit issued pursuant to
20.11.20 NMAC.For a high impact source,
the applicable efficiency control factor for calculating fees is 0.9.

K.“Low impact source” means a fugitive dust source to which a
control strategy or combination of strategies has been applied, which
strategies, when applied to an entire source or a portion of a source, can
reasonably be expected to reduce fugitive dust leaving the source by
approximately 90 percent compared to the level of fugitive dust leaving the
source that would be expected if no control strategy or strategies were in
place.The department shall determine
the classification of fugitive dust source as a low impact source based on
professional judgment, sound technical information or scientific evidence.The department shall provide a written
explanation of the basis for making the determination of the classification if
requested by the programmatic permit applicant.The purpose of classifying a fugitive dust source as a low impact source
is to calculate the fees for a programmatic permit issued pursuant to 20.11.20
NMAC.For a low impact source, the
applicable efficiency control factor for calculating fees is 0.1.

L.“Major source” shall have the meaning defined in 40 CFR 70.2.

M.“Moderate impact source” means a
fugitive dust source to which a control strategy or combination of strategies
has been applied, which strategies, when applied to an entire source or a
portion of a source, can reasonably be expected to reduce fugitive dust leaving
the source by approximately 50 percent compared to the level of fugitive dust
leaving the source that would be expected if no control strategy or strategies
were in place.The department shall
determine the classification of fugitive dust source as a moderate impact
source based on professional judgment, sound technical information or
scientific evidence.The department
shall provide a written explanation of the basis for making the determination
of the classification if requested by the programmatic permit applicant.The purpose of classifying a fugitive dust
source as a moderate impact source is to calculate the fees for a programmatic
permit issued pursuant to 20.11.20 NMAC.For a moderate impact source, the applicable efficiency control factor
for calculating fees is 0.5.

N.“No impact source” means a fugitive
dust source to which a control strategy or combination of strategies has been
applied, which strategies, when applied to an entire source or a portion of a
source, can reasonably be expected to reduce fugitive dust leaving the source
by approximately 100 percent compared to the level of fugitive dust leaving the
source that would be expected if no control strategy or strategies were in
place.The department shall determine
the classification of fugitive dust source as a no impact source based on
professional judgment, sound technical information or scientific evidence.The department shall provide a written
explanation of the basis for making the determination of the classification if
requested by the programmatic permit applicant.Land that is classified as a no impact source is not required to obtain
a programmatic permit issued under 20.11.20 NMAC and is not required to pay a
programmatic permit fee for land classified as a no impact source.

O.“Proposed allowable emission
rate”means the proposed fee
pollutant emission rate that has been requested in a stationary source
application submittal.

P.“Qualified small business” means a business that meets all of the
following requirements:

(1)a business that has 100 or fewer
employees;

(2)a small business concern as defined by the
federal Small Business Act;

(3)a source that emits less than 50 tons per
year of any individual regulated air pollutant, or less than 75 tons per year
of all regulated air pollutantscombined;
and

(1)to incorporate a change in the
permit if the change only involves a change in monitoring, record keeping or
reporting requirements, if the department determines the change does not reduce
the enforceability of the permit;

(2)to incorporate a change in the
permit if the change only involves incorporating permit conditions, including
emissions limitations, but only if the source existed on August 31, 1972, and
the source has been in regular operation since that date;

(3)if the permittee wishes to impose a voluntary
reduction of an emission limitation or retire an emission unit that was
included as a specific permit condition;

(4)to incorporate a change at a facility by
replacing an emissions unit for which an allowable emissions rate has
been established in the permit, but only if the replacement emissions unit:

(a)is equivalent to the replaced emissions
unit, and serves the same function within the facility and process;

(b)has the same or lower capacity and
allowable emission rates;

(c)has the same or higher control efficiency,
and stack parameters that are at least as effective in dispersing air
pollutants;

(d)would not result in an increase of the
allowable emission rate of any other equipment at the facility;

(e)is subject to the same or lower allowable
emissions limits as the original permit prior to making the replacement
and to all other original permit conditions prior to making the technical
permit revision request;

(f)willnot cause or
contribute to a violation of any NAAQS and NMAAQS when operated under
applicable permit conditions, and as determined by the department;

(g)will not require additional permit
conditions to ensure the enforceability of the permit, such as additional
record keeping or reporting in order to establish compliance, as
determined by the department; and

(h)does not emit a regulated air contaminant
not previously emitted;

(5)in order to reduce the allowable emission
rate of a unit or source, by incorporating terms and conditions in the
permit, such as a cap on hours of operation, limitations on throughput of a
specific product or products, or limitations on equipment capacity; and

(6)to incorporate a change in the
permit solely involving the addition of air pollution control equipment or the
substitution of a different type of air pollution control equipment to existing
equipment if the requested addition or substitution will not result in an increase
in the allowable emission rate.

S.“Submittal”, when used as a noun, means a document
listed in 20.11.2.2 NMAC, and, when used as a verb, means the act of delivering
a document listed in 20.11.2.2 NMAC either to the department or filing the
document with the board hearing clerk, as required by the applicable procedure.

20.11.2.8SAVINGS CLAUSE:Any
amendment to 20.11.2 NMAC that is filed with the state records center shall not
affect actions pending for violation of a federal or state statute or
regulation, a city or county ordinance, or a board regulation.Prosecution for a violation under prior
regulation wording shall be governed and prosecuted under the statute,
ordinance, part or regulation section in effect at the time the violation was
committed.

[20.11.2.8 NMAC -
Rp, 20 NMAC 11.02.I.9, 7/1/2001; A, 1/10/11]

20.11.2.9SEVERABILITY:If
for any reason any section, paragraph, sentence, clause or word of 20.11.2 NMAC
or federal, state or local standard incorporated in 20.11.2 NMAC is determined
to be unconstitutional or otherwise invalid by any court or the United States
environmental protection agency, the decision shall not affect the validity of
the remaining provisions of 20.11.2 NMAC.

A.Any
person, including a federal, state or local governmental agency, who submits a
document described in Subsection A of 20.11.2.2 NMAC, shall pay the total fee
required by 20.11.2 NMAC at the time the document is submitted.

B.Every
person with a valid source registration or a permit issued pursuant to 20.11.20
NMAC, 20.11.40 NMAC, 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC
or another board regulation, shall pay an annual emission fee as required by
20.11.2 NMAC, with the exception of fugitive dust control construction permits,
which do not require payment of an annual emission fee.

C.No notification or submittal will be reviewed or source registration or
permit issued unless the owner or
operator provides documentary proof satisfactory to the department that either
all applicable fees have been paid as required by 20.11.2 NMAC or the owner or
operator has been granted a variance pursuant to 20.11.7 NMAC, Variance Procedures.

D.All
fees required to be paid at the time of notification or submittal shall be paid
by check or money order payable to the “City of Albuquerque fund 242” and either
be delivered in person to the Albuquerque Environmental Health Department, 3rd
floor, Suite 3023 or Suite 3047, Albuquerque - Bernalillo County Government
Center, south building, One Civic Plaza NW, Albuquerque, NM, or mailed to
Attn:Air Quality Division, Albuquerque
Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103.The department shall provide a receipt of
payment to the applicant.The person
delivering or filing a submittal shall attach a copy of the receipt of payment
to the submittal as proof of payment.

E.Failure of the owner or operator of a source to pay
an annual emission fee required by 20.11.2 NMAC, is a violation of 20.11.2
NMAC.

F.No fee or portion of a fee required by 20.11.2 NMAC shall be refunded
unless the written approval of the manager is obtained using the procedure
required by 20.11.2.16 NMAC.

G.As required by
74-2-16 NMSA, all moneyreceived by
the department pursuant to 20.11.2.13 NMAC, shall be deposited by the city of
Albuquerque in the city’s air quality permit fund (“fund 242”).

A.Air quality source registration and permits for minor
sources:A person who
submits an application for an air quality source registration pursuant to
20.11.40 NMAC or a permit pursuant to 20.11.41 NMAC shall pay the applicable fees provided in
Section 20.11.2.18 NMAC.

B.20.11.41 NMAC, Authority-to-Construct
permits required to be issued before construction of a stationary source whose
applicability is determined by ‘pound-per-hour’ or ‘ton-per-year’ emissions:

(1)Authority-to-constructapplication review fees shall be calculated
based on the proposed source’s proposed allowable emission rate for fee
pollutants.Federally approved state
implementation plan limitations may be used to determine a source’s proposed
allowable emission rate.

(2)Fugitive emissions shall be included in
the application submittal to determine the source’s proposed allowable emission
rate.

(3)For sources that become subject to
20.11.42 NMAC, emissions from operations that the department determines to be
insignificant activities shall not be included in the calculation.

(4)For each fee pollutant, calculate the
proposed allowable emission rate for each proposed emission unit to the nearest
tenth of a ton.Total each of the fee pollutants
from each proposed emission unit and express the value in tons per calendar
year as a whole number.When rounding,
if the number after the decimal point is less than 5, the whole number remains
unchanged.If the number after the
decimal point is 5 or greater, the whole number shall be rounded up to next
whole number.

(6)In addition to payingthe application review fee, a person who
proposes to construct anemission
unit or units that must comply with the provisions of 20.11.60 NMAC, Permitting in Nonattainment Areas;
20.11.61 NMAC, Prevention of Significant
Deterioration; 20.11.63 NMAC, New
Source Performance Standards for Stationary Sources; or 20.11.64 NMAC, Emission Standards for Hazardous Air
Pollutants for Stationary Sources, shall also pay the applicable federal
program review fees listed in Subsection D of 20.11.2.18 NMAC.

(7)Example:A person proposes to build a facility with a NSPS boiler with a proposed
allowable emission rate of greater than 100 tons per year of NOx.The person shall determine and pay an
application review fee of $7,500.00, as required by Subsection C of 20.11.2.18
NMAC and a federal program review fee of $1,000.00 for the NSPS boiler, as
required by Subsection D of 20.11.2.18 NMAC, for a total fee of $8,500.00.The totalfee shall be submitted with the application as required by Subsections
A, C, and D of 20.11.2.11 NMAC.

C.Authority-to-construct
permits required to be issued before construction of a stationary source whose
applicability is not determined by pound-per-hour or ton-per-year emissions
shall pay the applicable application fee provided in Subsection B of 20.11.2.18
NMAC.

(1)The person requesting a permit revision,
relocation or modification, as the terms are defined in the applicable board
regulation, shall pay the fee required by the applicable provisions of
20.11.2.19 NMAC and 20.11.2.20 NMAC.

(2)Payment of an applicable federal program
review fee, provided in Subsection D of 20.11.2.18 NMAC is required only with
respect to the individual emission unit that is subject to relocation or
modification.

E.Qualified small businesses shall pay one-half of the Application review
fees for 20.11.41 NMAC, or other board regulation, and 100 % of all applicable
federal program review fees.

A.By
June 1 of each year, the department shall send each owner or operator with
either a valid source registration pursuant to 20.11.40 NMAC, a fugitive dust
control programmatic permit issued pursuant to 20.11.20 NMAC, or a permit
issued pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC,
or other board regulation, a letter stating the annual emission fee amount.If the owner or operator wishes to challenge
or request a correction to the letter, then within 30 days after the owner or
operator has received the letter from the department, the owner or operator
shall deliver a written request to the department challenging the letter or
requesting a correction to the letter.An owner or operator who submits a request to challenge or correct an
error regarding the annual emission fee shall state in writing the basis upon
which the fee was computed and shall follow the procedures set out in
20.11.2.16 NMAC.

B.Beginning
August 1 of each year the city of Albuquerque shall send each owner or operator
with either a valid source registration pursuant to 20.11.40 NMAC, a fugitive
dust control programmatic permit issued pursuant to 20.11.20 NMAC, or a permit
issued pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC,
or other board regulation, an official invoice stating the annual emission fee
due.The owner or operator shall pay the
invoiced amount in full as directed in the invoice.All
incorrect-fee challenges shall follow the appeal procedures set forth in
20.11.2.16 NMAC.

C.Calculating annual emission fees:

(1)For a fugitive dust control programmatic
permit, the annual fee shall be calculated as required by Subsection J of
20.11.2.15 NMAC.

(3)For all other permitted sources, the
allowable emission rate for each fee pollutant shall be totaled and expressed
in tons per calendar year as a whole number.When rounding, if the number after the decimal point is less than five,
the whole number remains unchanged.If
the number after the decimal point is five or greater, the whole number shall
be rounded up to next whole number.The
sum of each fee pollutant expressed in tons,shall be multiplied by the applicableannual emission fee rate provided in Section 20.11.2.21 NMAC, then
totaled to determine the annual emission fee due.

D.An
owner or operator who wishes to reduce the annual emission fee for a source may
apply for a modification to the existing permit and shall comply with the
requirements of 20.11.20 NMAC, 20.11.41 NMAC, or 20.11.42 NMAC, as applicable.

E.Beginning
January 1, 2011, and every January 1 thereafter, an increase based on the
consumer price index shall be added to the annual emission fee rates.The annual emission fee rates pursuant to Subsection
A of 20.11.2.21 NMAC shall be adjusted by an amount equal to the increase in
the consumer price index for the immediately-preceding year.Annual emission fee adjustment amounts equal
to or greater than fifty cents ($0.50) shall be rounded up to the next highest
whole dollar.Annual emission fee
adjustments totaling less than fifty cents ($0.50) shall be rounded down to the
next lowest whole dollar.The department
shall post the annual emission fee rates on the city of Albuquerque
environmental health department air quality division website.

A.A
filing fee of $21.00 per asbestos unit (AU), adjusted as required by Subsection
D of 20.11.2.14 NMAC, shall be paid at the time notification is delivered to
the department as required by 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources.

B.The
filing fee shall be calculated by multiplying the total number of asbestos
units proposed to be removed, by the fee per asbestos unit (AU) provided in
Subsection A of 20.11.2.14 NMAC.Equation 1 atParagraph
(1) of Subsection B of 20.11.2.14 NMAC shall be used to calculate the total
asbestos units (AU) removed and filing fee amount due at the time the
notification is delivered to the department:

C.All
fees due pursuant to Section 20.11.2.14 NMAC shall be paid as required by
Subsections A, C, and D, of 20.11.2.11 NMAC, except that the word “applicant” shall be substituted for the phrase
“owner/operator”.

D.Beginning
January 1, 2011, and every January 1 thereafter, an increase based on the
consumer price index shall be added to the asbestos unit fee.The asbestos unit fee established in Subsection
A of 20.11.2.14 NMAC shall be adjusted by an amount equal to the increase in
the consumer price index for the immediately-preceding year.The applicable consumer price index is the
all-urban consumer price index published by the United States department of
labor.Asbestos unit fee adjustment
amounts equal to or greater than fifty cents ($0.50) shall be rounded up to the
next highest whole dollar.Asbestos unit
fee adjustments totaling less than fifty cents ($0.50) shall be rounded down to
the next lowest whole dollar.The
department shall post the asbestos unit fee rate on the city of Albuquerque
environmental health department air quality division website.

E.If asbestos
removal begins before both the notification and filing fee are delivered to the
department as required by 20.11.2.14 NMAC, the person removing asbestos shall
also pay a $100.00 late fee, to partially offset the additional related
costs.In addition to the late fee,
penalties may be assessed pursuant to the New Mexico Air Quality Control Act,
Chapter 74, Article 2, New Mexico Statutes Annotated 1978.

F.An annual fee
is not required for sources that are solely subject to 20.11.2.14 NMAC.

20.11.2.15FEES FOR FUGITIVE DUST CONTROL
PERMITS AND INSPECTIONS; FEE CALCULATIONS AND PROCEDURES:

A.Every person required to submit a permit
application for a fugitive dust control construction permit as defined in
20.11.20.7 NMACshall pay the
total fee due at the time the permit application is submitted to the
department.

B.The filing and review fee for a fugitive dust
control construction permit for a project that is at least:

(1)three-quarters of an acre or more, but
less than 2 acres is $250.00;

(2)2 acres, but less than 5 acres is $350.00;

(3)5 acres, but less than 15 acres is
$450.00; and

(4)15 acres or more is $550.00.

C.To calculate the fugitive dust control construction
permit inspection fee, (which is in addition to the filing and review fee
required by Subsection B of 20.11.2.15 NMAC), multiply the acreage on which
active operations or disturbance will occur by $115.00 per acre.The number of acres must be expressed as a
whole number.When rounding, if the
number after the decimal point is less than five, the whole number remains
unchanged.If the number after the
decimal point is five or greater, the whole number shall be rounded up to the
next whole number.Rounding of acres
shall occur before the fees are calculated.

D.All
filing and review fees, and inspection fees required by 20.11.2.15 NMAC for a
fugitive dust control construction permit shall be paid as required by
Subsections A, C, and D of 20.11.2.11 NMAC.

E.If
an application to obtain a fugitive dust control construction permit is
submitted after active operations have commenced at the project location, a
late fee of 50 percent of both the filing and review fee and the inspection fee
shall be assessed to partially offset the additional related costs.In addition, penalties may be assessed
pursuant to the New Mexico Air Quality Control Act, Chapter 74, Article 2 New
Mexico Statutes Annotated 1978.

F.An
annual fee is not required for sources that are solely subject to a fugitive
dust control construction permit.

G.To calculate the fugitive dust control
programmatic permit annual fee, multiply the acreage upon which routine
maintenance or routine ongoing active operations will occur by the applicable
emission control factor for a low impact source, moderate impact source, or
high impact source as defined in Section 20.11.2.7 NMAC and then multiply by
$127.00.A “source classification
guidebook” is available through the department which includes nonbinding
examples of how to classify a no impact source, low impact source, a moderate
impact source and a high impact source.The number of acres must be expressed as a whole number.When rounding, if the number after the
decimal point is less than five, the whole number remains unchanged.If the number after the decimal point is five
or greater, the whole number shall be rounded up to the next whole number.Rounding of acres shall occur before the fees
are calculated using the applicable emission control factor in Section
20.11.2.7 NMAC.No filing and review fee
is required for a programmatic permit.The total annual programmatic permit fee is:

I.When a programmatic permit application is submitted, the applicant may
either ask the departmentto
determine the annual fee to be paid by the applicant, or the applicant may
submit a proposed annual fee calculation.No later than 10 business days after the department has received the
programmatic permit application and the proposed fee calculation, the
departmentshall notify the
applicant in writing of the total fees due.The applicant and the department may agree in writing to extend the
deadline for the department to issue the programmatic permit in order to
attempt to resolve any pending issues, including any dispute over the source
classification or fee calculation.A
permit applicant may challenge the department’s determination of source
classification or annual programmatic fee calculation for a fugitive dust
control permit by following the procedures provided in Section 20.11.20.25
NMAC.

J.The annual term of each programmatic permit
will be from July 1 through the following June 30.Annual programmatic permit fees shall be paid
for each additional annual term and shall be calculated in the same manner as
the annual fee that is paid for a programmatic permit, as provided in
Subsection G of 20.11.2.15 NMAC.

K.Annual fees required by Subsection J of
20.11.2.15 NMAC for a fugitive dust control programmatic permit shall be paid
as required by Subsections B, D and E of Section 20.11.2.11 NMAC and Subsection
J of 20.11.2.15 NMAC.

L.Beginning
January 1, 2011, and every January 1 thereafter, an increase based on the
consumer price index shall be added to each fugitive dust fee.The fugitive dust fee required by Subsections
C and G of 20.11.2.15 NMAC shall be increased by an amount equal to the change
in the consumer price index for the immediately-preceding year.The applicable consumer price index is the
all-urban consumer price index published by the United States department of
labor.Fugitive dust fee adjustments
equal to or greater than fifty cents ($0.50) shall be rounded up to the next
highest whole dollar.Fugitive dust fee
adjustment amounts less than fifty cents ($0.50) shall be rounded down to the
next lowest whole dollar.The department
shall post the fugitive dust fee rates on the city of Albuquerque environmental
health department air quality division website.

M.Demolition activities – fugitive dust
control construction permit fee: Pursuant to 20.11.20.22 NMAC, no person
shall demolish any building containing over 75,000 cubic feet of space without
first submitting to the department a fugitive dust control construction permit
application and fugitive dust control plan, accompanied by a filing and review
fee that shall be the same as the filing and review fee required by Paragraph
(1) of Subsection B of 20.11.2.15 NMAC, plus the fee charged for a 1-acre site
as required by Subsection C of 20.11.2.15 NMAC.The total fugitive dust control construction fee shall be paid as
required by Subsections D through F of20.11.2.15 NMAC.

[20.11.2.15 NMAC -
N, 7/1/2001; A, 3/1/04; A, 1/10/11]

20.11.2.16FEE ERRORS, CORRECTIONS AND
REFUNDS:

A.Pursuant to 20.11.20.17 NMAC, Filing Review and Inspection Fees, the
filing and review fees portion of the total permit application fee due at time
of submittal for a fugitive dust control construction permit application are
non-refundable.

B.For all review fees that are due at the time of submittal, the person
submitting the document (payor) shall pay the required review fee in full.If the payor wishes to request correction of
an alleged error or to challenge the basis of a fee calculation, then, within
30 days after the payor delivers the submittal and the fee, the payor shall
deliver a written request for review by a manager of the division
(“manager”).The written request shall
be addressed as required by Subsection D of 20.11.2.16 NMAC.If the manager has not received a written
request for review within 30 days of submittal, the fee shall be deemed final.

C.An owner or
operator (payor) who does not agree with the annual fee amount due may deliver
a written request to the manager asking for a correction of an alleged error or
challenging the basis upon which the fee was computed.Requests must be delivered to the manager
within 30 days of payor’s receipt of an invoice from the city requiring payment
of an annual fee.If the manager has not
received a written request for correction of an alleged error or a challenge to
the basis of the fee calculation within 30 days after the payor receives the
invoice, the invoice shall be deemed final, and immediately paid by the payor.

(2)the dollar amount of the alleged error or
challenged calculation; and

(3)a description of the alleged error or
basis of the challenge and any other information the payor believes may support
the claim.

F.Within
45 days of receiving the request for review of the submittal or annual fee, the
manager shall reviewthe account
and either:

(1)amend the invoice and refund any money due
the payor;

(2)state that the invoice is correct; or

(3)require additional fee payment if the
manager determines that the payor delivered an insufficient fee to the
department.

G.The
manager may confer with the payor to obtain additional information during the
review period.

H.Within
10 business days after the manager completes the manager’s review, the
manager’s decision shall be sent by certified mail to the address provided by
the payor

I.If
the manager determines a refund is owed to the payor, the department shall
refund all money due consistent with the policies and procedures of the city of
Albuquerque.If a refund is owed, the
manager may deduct a reasonable professional service fee to cover the costs of
staff time involved in processing the review.However, if the manager determines the department or the city made the
error, no deduction shall be made from the amount refunded.

J.As authorized by NMSA Section 74-2-9, the manager’s decision may be appealed to the
board using the procedures described in 20.11.81 NMAC, Adjudicatory Procedures – Air Quality Control Board.

[20.11.2.16 NMAC -
N, 7/1/2001; A, 3/1/04; A, 1/10/11]

20.11.2.17FAILURE TO PAY; LATE FEE:

A.Failure
to pay any fee required by 20.11.2 NMAC, a manager’s decision made pursuant to
20.11.2.16 NMAC, or a board regulation is a violation of 20.11.2 NMAC.

B.All incorrect-fee challenges shall follow the appeal
procedures set forth in 20.11.2.16 NMAC.Stating an invoice is in
error shall not be a defense to violation of Section 20.11.2.17 NMAC.

C.Every
person who is required by 20.11.2 NMAC to pay an annual emission fee but who
does not submit payment in full as directed in the invoice shall pay an
additional 50 percent of the annual emission fee, plus interest, as a late fee
to partially offset related costs.Interest shall be computed in accordance with the section of the
internal revenue code relating to computing interest on underpayment of federal
taxes.

D.In addition to
paying a late fee for late delivery of an annual emission fee, the payor may be
required to pay a penalty, as authorized by the New Mexico Air Quality Control
Act, Chapter 74, Article 2, New Mexico Statutes Annotated 1978.

A.Source registration review fees:A person with a stationary source that is
required by 20.11.40 NMAC to submit a source registration shall pay a
registration review fee of $500.00 when the registration application is
delivered to the department.

B.Permit application review fees for stationary sources
that require permits pursuant to 20.11.41 NMAC or other board regulation, and
that are not subject to Subsection C of 20.11.2.18 NMAC:$1,000.00.

C.Ton-per-year application review fees for
stationary sourcesthat require
permits pursuant to20.11.41 NMAC or
other board regulation, and whose applicability isbased onthe source’s pound
per hour or ton per year emissions:A person with a stationary source that is required by Subsection C of
20.11.2.18 NMAC to obtain a permit and whose applicability is determined by
pound per hour or ton per year emissions shall pay the following application
review fee, based on the source’s ton per year proposed allowable emission rate
for the single highest fee pollutant:

(1)proposed sources with a proposed allowable emission rate
equal to or greater than one ton per year and less than five tons per
year:$750.00;

(2)proposed sources with a proposed allowable
emission rate equal to or greater than 5 tons per year and less than 25 tons
per year:$1,500.00;

(3)proposed sources with a proposed allowable
emission rate equal to or greater than 25 tons per year and less than 50 tons
per year:$3,000.00;

(4)proposed sources with a proposed allowable
emission rate equal to or greater than 50 tons per year and less than 75 tons
per year:$4,500.00;

(5)proposed sources with a proposed allowable
emission rate equal to or greater than 75 tons per year and less than 100 tons
per year: $6,000.00; and

(6)proposed sources with a proposed allowable
emission rate equal to or greater than 100 tons per year:$7,500.00.

D.Federal program review fees duein addition to the stationary source permit application review fees:A person with a stationary source that is
required by 20.11.41 to apply for a permit and pay a review fee pursuant to
Subsection B or Subsection C of 20.11.2.18 NMAC shall also pay the federal
program review fee for each applicable federal program standard or review
listed in Paragraphs (1) through (5) of Subsection D of 20.11.2.18 NMAC:

E.Beginning
January 1, 2011, and every January 1 thereafter, an increase based on the
consumer price index shall be added to the application review fees.The application review fees established in
Subsection A through D of 20.11.2.18 NMAC shall be adjusted by an amount equal
to the increase in the consumer price index for the immediately-preceding
year.Application review fees
adjustments equal to or greater than fifty cents ($0.50) shall be rounded up to
the next highest whole dollar.Application review fees adjustments totaling less than fifty cents
($0.50) shall be rounded down to the next lowest whole dollar.The department shall post the application
review fees on the city of Albuquerque environmental health department air
quality division website.

A.Modifications:A person who submits an application for a
proposed modification to an existing stationary source permit shall pay either
$1000.00 if subject to Subsection B of 20.11.2.18 NMAC, or the applicable fee
listed in Paragraphs (1)-(6) of Subsection A of 20.11.2.19 NMAC based on the
source’s ton-per-year proposed allowable emission rate for the single highest
fee pollutant:The applicant shall round
the calculations as described in Paragraph 4 of Subsection B of 20.11.2.12 NMAC:

(1)proposed sources with a proposed allowable emission rate
equal to or greater than one ton per year and less than five tons per
year:$750.00;

(2)proposed sources with a proposed allowable
emission rate equal to or greater than 5 tons per year and less than 25 tons
per year:$1,500.00;

(3)proposed sources with a proposed allowable
emission rate equal to or greater than 25 tons per year and less than 50 tons
per year:$3,000.00;

(4)proposed sources with a proposed allowable
emission rate equal to or greater than 50 tons per year and less than 75 tons
per year:$4,500.00;

(5)proposed sources with a proposed allowable
emission rate equal to or greater than 75 tons per year and less than 100 tons
per year:$6,000.00; and

(6)proposed sources with a proposed allowable
emission rate equal to or greater than 100 tons per year:$7,500.00.

B.Major modifications:A
person, who submits an application for a proposed modification to an existing
stationary source permit, shall pay the following fee as applicable in addition
to the application review fee required by Subsection A of 20.11.2.19 NMAC.The applicant shall round the calculations as
described in Paragraph 4 of Subsection B of 20.11.2.12 NMAC.

(1)20.11.60 NMAC, Permitting in Non-Attainment Areas, major modification:$5,000.00; and

C.Federal program review fees for
modification of an existing permit:A person proposing a modification to an existing stationary source
permit shall pay a review fee pursuant to Subsection A or Subsection B of
20.11.2.19 NMAC, and shall also pay the federal program review fee for each
applicable federal program standard or review listed in Paragraphs (1) through
(5) of Subsection C of 20.11.2.19 NMAC, if the federal program review is
triggered by the modification:

D.Beginning
January 1, 2011, and every January 1 thereafter, an increase based on the
consumer price index shall be added to the application review fees required by
20.11.2.19 NMAC.The application review
fees established by Subsections A, B and C of 20.11.2.19 NMAC shall be adjusted
by an amount equal to the increase in the consumer price index for the immediately-preceding
year.Application review fee adjustments
equal to or greater than fifty cents ($0.50) shall be rounded up to the next
highest whole dollar.Application review
fee adjustments totaling less than fifty cents ($0.50) shall be rounded down to
the next lowest whole dollar.The department
shall post the application review fee rates on the city of Albuquerque
environmental health department air quality division website.

D.Stationary sources that require permits
pursuant to 20.11.41 NMAC or other board regulation, and that are not subject
to Subsection C of 20.11.2.18 NMAC shall pay an annual emission fee of $185.00.

E.The following sources shall pay a minimum annual emission fee of
$308.00 or a fee of $44.00 per ton whichever is greater, with the annual
emission fee calculated as required by Subsection C of 20.11.2.13 NMAC:

(1)emergency generators; and

(2)gasoline service and fleet stations.

F.Beginning January
1, 2011, and every January 1 thereafter, an increase based on the consumer
price index shall be added to the annual emission fee and rates required by
20.11.2.21 NMAC.The annual emission
fees and rates pursuant to 20.11.2.21 NMAC shall be adjusted by an amount equal
to the increase in the consumer price index for the immediately-preceding
year.Annual emission fee and rate
adjustments equal to or greater than fifty cents ($0.50) shall be rounded up to
the next highest whole dollar.Annual
emission fee and rate adjustments totaling less than fifty cents ($0.50) shall
be rounded down to the next lowest whole dollar.The department shall post the annual emission
fees and rates on the city of Albuquerque environmental health department air
quality division website.

(2)Photocopying and other copies of public
records:as provided by the New Mexico
Inspection of Public Records Act and by the applicable city of Albuquerque
ordinance and city administrative instruction number 1-7.The charge for copying public records shall
not include a separate charge for staff time for locating and copying documents
or for determining whether documents are exempt from inspection and copying.

B.Variance request
fees:Every person who petitions for
a variance shall pay a fee of $1500.00, unless the board determines at a
hearing that the variance fee imposes an undue economic burden on the
petitioner.

C.Board hearing filing fees: Every person who requests a hearing before
the board shall pay a filing fee of $125.00, which shall be delivered to the
board hearing clerk with the petition or other document that requests a hearing
before the board.However, the hearing
filing fee does not apply to requests for rulemaking hearings or to board
hearings regarding decisions made by the Albuquerque-Bernalillo County vehicle
pollution management program manager or designee regarding the proposed
suspension or revocation of an air car station certification or air car
inspector certification.

[20.11.2.22 NMAC -
N, 1/10/11]

HISTORY of
20.11.2 NMAC:

Pre-NMAC history:Material in the part was derived from that
previously filed with the commission of public records - state records center
and archives under:

Resolution 1, Air
Pollution Control Regulations of the Albuquerque - Bernalillo County Air
Quality Control Board, filed 8-06-71;